United States v. Hammonds’s Empirical Analysis

Citation profile

66 federal appellate · 1 district · 45 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 122 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[m]ere errors of judgment as disclosed by subsequent events”

   2 later decisions quote this exact passage · from the majority
   e.g. Hargett v. United States · United States v. Robinson

2. “appellant specifies trial counsel’s failure to (1) appear at the arraignment, (2) conduct any voir dire examination of the jury, (3) make any opening statement to the jury, (4) cross-examine two of the four Government witnesses, with only slight cross-examination of the other two witnesses (a total of five questions) and (5) request any jury instructions, including in particular an instruction on lesser-included offenses. In addition to counsel’s alleged deficiencies in the trial itself, appellant refers to counsel’s failure to make any pretrial motions, including a motion for pretrial release, and his declining at the court’s invitation to speak to the question of bond after conviction or to speak on appellant’s behalf at the sentencing. Counsel for appellant in this court suggests that trial counsel in his closing argument should at least have mentioned the presumption of innocence and the requirement that all essential elements of the offenses be proved beyond a reasonable doubt; that he should have pointed out to the jury the evidence which could lead to a conclusion that appellant lacked the requisite intent and also the absence of evidence establishing that a person was present in the house at the time of appellant’s entry. Appellant’s counsel suggests further that while admitting that appellant could not provide the jury with a complete explanation of his presence in the house, trial counsel could have offered one or more hypotheses of what might have happened 138 U.S.”

   1 later decision quote this exact passage · from the majority
   e.g. United States v. Decoster

3. “In earlier cases it was said that a claim based on counsel’s incompetence cannot prevail unless the trial has been rendered a mockery and a farce. These words are not to be taken literally, but rather as a vivid description of the principle that the accused has a heavy burden in showing requisite unfairness. Although the cases are rare and extraordinary, it appears that an accused may obtain relief under 28 U.S.C. § 2255 if he shows that there has been gross incompetence of counsel and that this has in effect blotted out the essence of a substantial defense either in the District Court or on appeal. A claim of ineffective assistance of counsel might be made out if the wishes of the appellant were in fact diverted by clearly erroneous legal advice and he was substantially prejudiced thereby.”

   1 later decision quote this exact passage · from the majority
   e.g. United States v. Decoster